Unopposed MOTION to Substitute Attorney, added attorney Gregory John Sachnik,Gregory John Sachnik for B528C4A. Motion filed by B528C4A (Attachments: # 1 Proposed Order)Attorney Gregory John Sachnik added to party B528C4A(pty:dft) (Sachnik, Gregory)
ORDER: The parties now have filed their proposed settlement for the Court's consideration. In light of the Court's receipt of the settlement, the motions to dismiss filed at ECF Nos. 112, 114, 115, 117, 118, 12024, 126 are DENIED, without prejudice to refiling if the settlement is not approved. (Ordered by Chief Judge Barbara M.G. Lynn on 9/13/2018) (tln)
Joint STATUS REPORT filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V. (Hardin, John)
ORDER: Before the Court is the "Supplement to Joint Status Report Re: Consolidation" (ECF No. 64 ), submitted by the parties in the consolidated case In re United Development Funding IV Securities Litigation, Master File No. 3:15-cv-04030-M. The parties seek to consolidate the two proceedings for the presentation of settlements to the Court under Federal Rule of Civil Procedure 23. After consideration, in light of Federal Rule of Civil Procedure 42(a), it is ORDERED that Civil Action No. 4:16-cv-00188-M is hereby consolidated into Master File No. 3:15-cv-04030-M for the presentation to the Court of proposed settlements. (Ordered by Chief Judge Barbara M.G. Lynn on 3/29/2018) (axm)
ORDER granting 128 ... Before the Court is an Agreed Joint Motion to Suspend Briefing, and Defer Ruling on Defendants Pending Motions to Dismiss Pending Consideration of the Parties Proposed Settlement (ECF No. 128). After consideration, the Motion is GRANTED. (Ordered by Chief Judge Barbara M.G. Lynn on 3/29/2018) (wxc)
MOTION Agreed Joint Motion to Suspend Briefing, and Defer Ruling on Defendants' Pending Motions to Dismiss Pending Consideration of the Parties' Proposed Settlement filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V (Hardin, John)
OBJECTION filed by 94F1A40, 1C63400 re: 112 Motion to Dismiss for Failure to State a Claim, 114 Motion to Dismiss for Failure to State a Claim, 123 MOTION to Dismiss Count III of the Amended Complaint and Brief in Support, 118 MOTION to Dismiss , 117 MOTION to Dismiss Count III of the Amended Complaint, 115 MOTION to Dismiss , 121 Motion to Dismiss for Failure to State a Claim, 120 MOTION to Dismiss Count III of the Amended Complaint and Brief in Support (Rosca, Alan)
Appendix in Support filed by AR Capital, LLC, American Realty Capital Residential Advisors, LLC, BA6EAFA, 8DFC256, 91D249C, 895AC9A re 124 Motion to Dismiss for Failure to State a Claim (Barnard, M)
Motion to Dismiss for Failure to State a Claim filed by AR Capital, LLC, American Realty Capital Residential Advisors, LLC, BA6EAFA, 8DFC256, 91D249C, 895AC9A with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney M Scott Barnard added to party AR Capital, LLC(pty:dft), Attorney M Scott Barnard added to party American Realty Capital Residential Advisors, LLC(pty:dft), Attorney M Scott Barnard added to party BA6EAFA(pty:dft), Attorney M Scott Barnard added to party 8DFC256(pty:dft), Attorney M Scott Barnard added to party 91D249C(pty:dft), Attorney M Scott Barnard added to party 895AC9A(pty:dft) (Barnard, M)
Motion to Dismiss for Failure to State a Claim filed by 2A95A21, 0F3C378 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dees, Tom)
Appendix in Support filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V re 113 Brief/Memorandum in Support of Motion, 112 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Declaration(s) A - Declaration of Paul Walsen, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H) (Hardin, John)
MOTION to Dismiss Count III of the Amended Complaint filed by 329A719 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Singer, Evan)
Brief/Memorandum in Support filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V re 112 Motion to Dismiss for Failure to State a Claim (Hardin, John)
Motion to Dismiss for Failure to State a Claim filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V (Hardin, John)
NOTICE of Parties Status re Memorandum of Understanding filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V (Hardin, John)
ORDER: It is therefore ORDERED that the pending Motions to Dismiss [ECF ##50, 51, 52, 54, 56, 58, 60, 62, 63, 64, 65, 66, 68, 70, and 72] are DISMISSED without prejudice. If the Parties are unable to reduce their agreement in principle to a Memorandum of Understanding by 1/15/2018, the UDF Individual Defendants, the UDF Entity Defendants, and the Independent Trustees may refile their respective Motions on or before 1/29/2018. Plaintiffs will refile their omnibus response brief on or before 1/31/2018, and the Parties shall have until 2/14/2018 to file any reply briefs. (Ordered by Chief Judge Barbara M.G. Lynn on 12/18/2017) (bdb)
NOTICE of Joint Notice of Settlement in Principle and Stipulation to Extend Time for Defendants to Submit Reply Memorandum in Support of Motions to Dismiss filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V (Hardin, John)
MOTION for Extension of Time to File Response/Reply to 96 Agreed MOTION for Extension of Time to File Reply, 68 MOTION to Dismiss Amended Class Action Complaint filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General, UMTH Land Development, United Development Funding IV, United Development Funding V (Hardin, John)
ELECTRONIC ORDER granting 102 Motion to Extend Time for the Filing of Replies. The deadline for the UDF Entity Defendants, the Independent Trustees, and the UDF Individual Defendants to file their replies in support of the pending motions to dismiss the Amended Complaint is hereby extended to October 30, 2017. (Ordered by Chief Judge Barbara M.G. Lynn on 8/28/2017) (chmb)
Joint MOTION to Extend Time Agreed Joint filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Hardin, John)
ORDER ON JOINT MOTION TO STAY FILING OF PRELIMINARY APPROVAL PAPERS OF SETTLEMENT granting 100 . The Court GRANTS the Parties' Joint Motion 100 and stays the filing of preliminary settlement papers at this time. The Court further ORDERS that the Parties file a joint status report on or before August 31, 2017 updating the Court on the progress of a global settlement. (Ordered by Chief Judge Barbara M.G. Lynn on 8/2/2017) (wxc)
Joint MOTION to Stay FILING OF PRELIMINARY APPROVAL PAPERS OF SETTLEMENT filed by 94F1A40, 1C63400 (Attachments: # 1 Proposed Order Proposed Order) (Rosca, Alan)
Joint MOTION for Protective Order filed by D74421C, 35AB811, C9E76EF, 2046052, 6CCC23E, 9E98E55, C224B76, 2A95A21, 0F3C378, 329A719, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V, B528C4A, 779EED5, F49E968 (Attachments: # 1 Exhibit(s) A) (Hardin, John)
ORDER: It is ORDERED, that the 96 Agreed Motion for Extension of Time is granted, and Defendants United Development Funding IV, United Development Funding Income Fund V, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, UMT Holdings LP, UDF Holdings LP, UDFH General Services LP, UDFH Land Development LP, 35AB811, 9E98E55, C224B76, C9E76EF, D74421C, 329A719, 2046052, Scot W. OBrien, 6CCC23E, B528C4A, 779EED5, 2A95A21 and F49E968 may file their reply memoranda in support of their pending motions to dismiss the Amended Class Action Complaint on or before 8/31/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 6/26/2017) (twd)
Agreed MOTION for Extension of Time to File Reply to 68 MOTION to Dismiss Amended Class Action Complaint filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Hardin, John) Docket text modified on 6/26/2017 (twd).
ORDER: The Court GRANTS the parties' request for an extended deadline for filing a motion for preliminary settlement approval. Plaintiffs must file a Motion for Preliminary Approval of their settlement with Whitley Penn on or before 8/1/2017. Whitely Penn's Rule 12(b)(6) Motion to Dismiss [ECF # 45 ] is DENIED as moot. (Ordered by Chief Judge Barbara M.G. Lynn on 6/5/2017) (axm)
ELECTRONIC ORDER granting 92 unopposed Motion for Leave to File One Omnibus Brief In Excess Of Twenty-five Pages. Plaintiffs' omnibus brief 93 in response to the UDF Defendants' motions to dismiss is deemed to be timely filed. (Ordered by Chief Judge Barbara M.G. Lynn on 6/5/2017) (chmb)
OBJECTION filed by 94F1A40, 1C63400 re: 72 Supplemental MOTION to Dismiss , 54 Motion to Dismiss for Failure to State a Claim, 66 Motion to Dismiss for Failure to State a Claim, 50 MOTION to Dismiss And Brief In Support, 58 MOTION to Dismiss Count III of the Amended Complaint, 52 Motion to Dismiss for Failure to State a Claim, 64 MOTION to Dismiss Count III of the Amended Complaint and Brief in Support, 68 MOTION to Dismiss Amended Class Action Complaint, 60 MOTION to Dismiss Count III of the Amended Complaint and Brief in Support, 70 MOTION to Dismiss , 63 MOTION to Dismiss Count III of the Amended Complaint and Brief in Support (Rosca, Alan)
First MOTION for Leave to File Brief Longer than 25 Pages In Re: Defendants' Motions to Dismiss DE 50, 52, 54, 54-1, 55, 58, 60, 63, 63-1, 64, 64-1, 66, 68, 69, 70 filed by 94F1A40, 1C63400 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Rosca, Alan)
ELECTRONIC ORDER granting 85 Application for Admission Pro Hac Vice of Matthew Alvis. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/26/2017) (lag/chmb)
89
Filed: 5/26/2017, Entered: 5/26/2017
ELECTRONIC ORDER granting 84 Application for Admission Pro Hac Vice of Molly K. McGinley. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/26/2017) (lag/chmb)
88
Filed: 5/26/2017, Entered: 5/26/2017
ELECTRONIC ORDER granting 83 Application for Admission Pro Hac Vice of Joseph C. Wylie, II. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/26/2017) (lag/chmb)
87
Filed: 5/26/2017, Entered: 5/26/2017
ELECTRONIC ORDER granting 82 Application for Admission Pro Hac Vice of Paul Walsen. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/26/2017) (lag/chmb)
86
Filed: 5/26/2017, Entered: 5/26/2017
ELECTRONIC ORDER granting 81 Application for Admission Pro Hac Vice of John Rotunno. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/26/2017) (lag/chmb)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8427306) filed by UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Attachments: # 1 Proposed Order)Attorney Matthew Alvis added to party UDF General Services, L.P.(pty:dft), Attorney Matthew Alvis added to party UDF Holdings LP(pty:dft), Attorney Matthew Alvis added to party UDFH Land Development LP(pty:dft), Attorney Matthew Alvis added to party UMT Holdings, L.P.(pty:dft), Attorney Matthew Alvis added to party UMT Services, Inc.(pty:dft), Attorney Matthew Alvis added to party UMTH General Services, L.P.(pty:dft), Attorney Matthew Alvis added to party UMTH Land Development, L.P.(pty:dft), Attorney Matthew Alvis added to party United Development Funding IV(pty:dft), Attorney Matthew Alvis added to party United Development Funding V(pty:dft) (Alvis, Matthew)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8427274) filed by UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Attachments: # 1 Proposed Order)Attorney Molly Kathleen McGinley added to party UDF General Services, L.P.(pty:dft), Attorney Molly Kathleen McGinley added to party UDF Holdings LP(pty:dft), Attorney Molly Kathleen McGinley added to party UDFH Land Development LP(pty:dft), Attorney Molly Kathleen McGinley added to party UMT Holdings, L.P.(pty:dft), Attorney Molly Kathleen McGinley added to party UMT Services, Inc.(pty:dft), Attorney Molly Kathleen McGinley added to party UMTH General Services, L.P.(pty:dft), Attorney Molly Kathleen McGinley added to party UMTH Land Development, L.P.(pty:dft), Attorney Molly Kathleen McGinley added to party United Development Funding IV(pty:dft), Attorney Molly Kathleen McGinley added to party United Development Funding V(pty:dft) (McGinley, Molly)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8427245) filed by UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Attachments: # 1 Proposed Order)Attorney Joseph Wylie, II added to party UDF General Services, L.P.(pty:dft), Attorney Joseph Wylie, II added to party UDF Holdings LP(pty:dft), Attorney Joseph Wylie, II added to party UDFH Land Development LP(pty:dft), Attorney Joseph Wylie, II added to party UMT Holdings, L.P.(pty:dft), Attorney Joseph Wylie, II added to party UMT Services, Inc.(pty:dft), Attorney Joseph Wylie, II added to party UMTH General Services, L.P.(pty:dft), Attorney Joseph Wylie, II added to party UMTH Land Development, L.P.(pty:dft), Attorney Joseph Wylie, II added to party United Development Funding IV(pty:dft), Attorney Joseph Wylie, II added to party United Development Funding V(pty:dft) (Wylie, Joseph)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8427198) filed by UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Attachments: # 1 Proposed Order)Attorney Paul Walsen added to party UDF General Services, L.P.(pty:dft), Attorney Paul Walsen added to party UDF Holdings LP(pty:dft), Attorney Paul Walsen added to party UDFH Land Development LP(pty:dft), Attorney Paul Walsen added to party UMT Holdings, L.P.(pty:dft), Attorney Paul Walsen added to party UMT Services, Inc.(pty:dft), Attorney Paul Walsen added to party UMTH General Services, L.P.(pty:dft), Attorney Paul Walsen added to party UMTH Land Development, L.P.(pty:dft), Attorney Paul Walsen added to party United Development Funding IV(pty:dft), Attorney Paul Walsen added to party United Development Funding V(pty:dft) (Walsen, Paul)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8426902) filed by UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Attachments: # 1 Proposed Order)Attorney John Rotunno added to party UDF General Services, L.P.(pty:dft), Attorney John Rotunno added to party UDF Holdings LP(pty:dft), Attorney John Rotunno added to party UDFH Land Development LP(pty:dft), Attorney John Rotunno added to party UMT Holdings, L.P.(pty:dft), Attorney John Rotunno added to party UMT Services, Inc.(pty:dft), Attorney John Rotunno added to party UMTH General Services, L.P.(pty:dft), Attorney John Rotunno added to party UMTH Land Development, L.P.(pty:dft), Attorney John Rotunno added to party United Development Funding IV(pty:dft), Attorney John Rotunno added to party United Development Funding V(pty:dft) (Rotunno, John)
ORDER granting of Plaintiffs' 79 Motion Setting Briefing Schedule: It is ORDERED: 1. Plaintiffs shall file their oppositions to Defendants' 50 , 51 , 52 , 54 , 56 , 58 , 60 , 62 , 63 , 64 , 66 , 68 , 70 , 72 Motions to Dismiss on or before 6/2/2017. 2. Defendants shall have thirty (30) days from the date Plaintiffs file their oppositions to respond. (Ordered by Chief Judge Barbara M.G. Lynn on 4/26/2017) (twd)
MOTION to Extend Time filed by 94F1A40, 1C63400 (Attachments: # 1 Proposed Order Proposed Order)Attorney Alan L. Rosca added to party 94F1A40(pty:pla) (Rosca, Alan)
ORDER re: 77 Notice of Settlement in Principle and Joint Stipulation to Extend Time for Plaintiffs to Respond. The Court directs Plaintiffs and Whitley Penn LLP to file a report on the status of their settlement efforts by 5/31/2017. If the parties have been unable to consummate their settlement by that date, Plaintiff's deadline to respond to Defendant Whitley Penn LLP's Motion to Dismiss will be extended to 6/14/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 4/24/2017) (aaa)
NOTICE of Settlement in Principle and Joint Stipulation to Extend Time for Plaintiffs to Respond re: 45 Motion to Dismiss for Failure to State a Claim filed by Whitley Penn LLP (Wander, John)
ELECTRONIC ORDER granting 57 Application for Admission Pro Hac Vice of Michael C. Miller. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 4/17/2017) (lag/chmb)
75
Filed: 4/17/2017, Entered: 4/17/2017
ELECTRONIC ORDER granting 59 Application for Admission Pro Hac Vice of Lara E. Romansic. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 4/17/2017) (lag/chmb)
74
Filed: 4/17/2017, Entered: 4/17/2017
ELECTRONIC ORDER granting 61 Application for Admission Pro Hac Vice of Michael G. Scavelli. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 4/17/2017) (lag/chmb)
Appendix in Support filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V re 68 MOTION to Dismiss Amended Class Action Complaint (Attachments: # 1 Exhibit(s)) (Hardin, John)
MOTION to Dismiss filed by 2A95A21, 0F3C378 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Tom M Dees, III added to party 2A95A21(pty:dft) (Dees, Tom)
Brief/Memorandum in Support filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V re 68 MOTION to Dismiss Amended Class Action Complaint (Hardin, John)
MOTION to Dismiss Amended Class Action Complaint filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Hardin, John)
Appendix in Support filed by AR Capital, LLC, American Realty Capital Residential Advisors, LLC, BA6EAFA, 8DFC256, AB75877, 91D249C, 895AC9A re 65 Motion to Dismiss for Failure to State a Claim (Reed, Michelle)
Motion to Dismiss for Failure to State a Claim filed by AR Capital, LLC, American Realty Capital Residential Advisors, LLC, BA6EAFA, 8DFC256, AB75877, 91D249C, 895AC9A with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Michelle A Reed added to party AR Capital, LLC(pty:dft), Attorney Michelle A Reed added to party American Realty Capital Residential Advisors, LLC(pty:dft), Attorney Michelle A Reed added to party BA6EAFA(pty:dft), Attorney Michelle A Reed added to party 8DFC256(pty:dft), Attorney Michelle A Reed added to party 91D249C(pty:dft), Attorney Michelle A Reed added to party 895AC9A(pty:dft) (Reed, Michelle)
MOTION to Dismiss Count III of the Amended Complaint and Brief in Support filed by 6CCC23E with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Ansley, Jeffrey)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael G. Scavelli (Filing fee $25; Receipt number 0539-8320052) filed by 6610C6A (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Powell, Michael)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lara E. Romansic (Filing fee $25; Receipt number 0539-8320046) filed by 6610C6A (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing)Attorney Michael V Powell added to party 6610C6A(pty:dft) (Powell, Michael)
MOTION to Dismiss Count III of the Amended Complaint filed by 329A719 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Singer, Evan)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael C. Miller (Filing fee $25; Receipt number 0539-8320033) filed by 6610C6A (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Powell, Michael)
Motion to Dismiss for Failure to State a Claim filed by Centurion American Development Group, CCA01FF with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Norman, Brian)
*** DISREGARD ENTRY - REFILED DOC 61 *** NOTICE of Application for Admission Pro Hac Vice filed by 6610C6A (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Powell, Michael) Modified on 4/4/2017 (wxc).
ELECTRONIC ORDER granting 48 unopposed Motion for Leave to File Brief in Excess of Twenty-Five Pages. The UDF Entity Defendants and the Independent Trustees are granted leave to file a single, combined brief in support of their motion to dismiss, which shall not exceed thirty-five pages in length. (Ordered by Chief Judge Barbara M.G. Lynn on 4/3/2017) (chmb)
Unopposed MOTION for Leave to File Brief in Excess of Twenty-Five Pages filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V (Hardin, John)
Motion to Dismiss for Failure to State a Claim filed by Whitley Penn LLP with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Wander, John)
ELECTRONIC ORDER denying 41 Motion to Extend Stay of Proceedings. The previous stay expired by its terms on February 17, 2017. Defendants have until April 3, 2017 to move, answer, or otherwise respond to the Amended Complaint. (Ordered by Chief Judge Barbara M.G. Lynn on 2/27/2017) (chmb)
MOTION Motion to Extend Stay of Proceedings filed by 35AB811, 9E98E55, C224B76, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V with Brief/Memorandum in Support. (Hardin, John)
ORDER granting 39 Motion to Extend Stay. All proceedings in this action are stayed until 2/17/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 1/24/2017) (epm)
MOTION to Extend Stay of Proceedings filed by AR Capital, LLC, American Realty Capital Residential Advisors, LLC, 1847489, 6610C6A, BA6EAFA, Centurion American Development Group, D74421C, 35AB811, EC88C64, C9E76EF, 2046052, 47D407E, 6CCC23E, 8DFC256, BF67640, FAC22A1, 9E98E55, C224B76, 2A95A21, CCA01FF, 6615729, 0F3C378, 329A719, AB75877, DFCE496, 91D249C, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V, 895AC9A, Whitley Penn LLP, B528C4A, 779EED5, F49E968 (Attachments: # 1 Proposed Order)Attorney John R Hardin added to party 35AB811(pty:dft), Attorney John R Hardin added to party 9E98E55(pty:dft), Attorney John R Hardin added to party C224B76(pty:dft), Attorney John R Hardin added to party UDF General Services, L.P.(pty:dft), Attorney John R Hardin added to party UDF Holdings LP(pty:dft), Attorney John R Hardin added to party UDFH Land Development LP(pty:dft), Attorney John R Hardin added to party UMT Holdings, L.P.(pty:dft), Attorney John R Hardin added to party UMT Services, Inc.(pty:dft), Attorney John R Hardin added to party UMTH General Services, L.P.(pty:dft), Attorney John R Hardin added to party UMTH Land Development, L.P.(pty:dft), Attorney John R Hardin added to party United Development Funding IV(pty:dft), Attorney John R Hardin added to party United Development Funding V(pty:dft) (Hardin, John)
ORDER granting 37 Motion to Stay. All proceedings in this action are stayed until 1/3/2017. Defendants have until 2/17/2017 to move, answer or otherwise respond to the Amended Complaint. (Ordered by Chief Judge Barbara M.G. Lynn on 11/21/2016) (epm)
Agreed MOTION to Stay re 35 Order Staying Case,, filed by United Development Funding IV with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Skyler Michelle Howton added to party United Development Funding IV(pty:dft) (Howton, Skyler)
ELECTRONIC ORDER: The courtroom in which this case will be tried, and in which any motion that is set for hearing will be heard, has electronic equipment to assist in the expeditious presentation of the case and making of the record. Descriptions of this equipment and training resources for lawyers are available on the Court's website, http://www.txnd.uscourts.gov/judge-lynns-courtroom. The Court requires that all persons planning to use the equipment schedule training through the Court's Information Technology Department prior to the beginning of any trial or motion hearing, by contacting Paul Hertel at 214-753-2226 or Paul Slavonik at 214-753-2232. (Ordered by Chief Judge Barbara M.G. Lynn on 8/19/2016) (cea)
ORDER: Before the Court is the Joint Report and Motion to Stay Proceedings [Docket Entry # 34 ]. The Motion is GRANTED, pursuant to the agreement reached among the parties, which the Court finds is reasonable and not for the purpose of delay. All proceedings in this action are STAYED for a period of 120 days for the purpose of affording the parties an opportunity to consider and discuss the possible early resolution of this matter and, if warranted, to initiate formal mediation. (Ordered by Chief Judge Barbara M.G. Lynn on 7/19/2016) (bdb)
AMENDED ORDER. This Court VACATES its previous Order (ECF No. 32), which consolidated this case into a case on the docket of Chief Judge Barbara M.G. Lynn. Whether the case should be consolidated is a decision left to the presiding judge. Instead, this case is ORDERED transferred to the docket of Chief Judge Barbara M.G. Lynn for her consideration of whether to consolidate this case into In re United Development Funding IV Securities Litigation, Master File No. 3:15-cv-4030-M. Case reassigned to Chief Judge Barbara M.G. Lynn for all further proceedings. Judge Reed C O'Connor no longer assigned to case. (Ordered by Judge Reed C O'Connor on 7/14/2016) (trt)
STATUS REPORT filed (originally in 3:15cv4030 following the consolidation of this case, but moved by the clerk to 4:16cv188 after the consolidation order was vacated) by AR Capital, LLC, American Realty Capital Residential Advisors, LLC, 6610C6A, BA6EAFA, Centurion American Development Group, D74421C, 35AB811, C9E76EF, 2046052, 47D407E, 6CCC23E, 8DFC256, 9E98E55, C224B76, 2A95A21, CCA01FF, 0F3C378, 329A719, AB75877, 91D249C, UDF General Services, L.P., UDF Holdings LP, UDFH Land Development LP, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V, 895AC9A, Whitley Penn LLP, B528C4A, 779EED5, F49E968. (lrl)
***VACATED PER 33 ORDER*** ORDER CONSOLIDATING CASES: Member case(s) 4:16-CV-188-O consolidated with lead case 3:15-CV-4030-M. All future docketing should be in lead case 3:15-CV-4030-M. (Ordered by Judge Reed C O'Connor on 6/27/2016) (plp) Modified text on 7/14/2016 (trt).
NOTICE of Related Case filed by 35AB811, 9E98E55, C224B76, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV (Howell, Barrett)
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 7/8/2016. (Ordered by Judge Reed C O'Connor on 6/10/2016) (trt)
Summons Issued as to AR Capital, LLC, BA6EAFA, D74421C, C9E76EF, 2046052, 47D407E, 6CCC23E, 8DFC256, 9E98E55, C224B76, 2A95A21, CCA01FF, 0F3C378, 329A719, AB75877, 91D249C, UDF General Services, L.P., UDF Holdings, L.P., UDFH Land Development, L.P., UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, United Development Funding V, 895AC9A, Whitley Penn LLP, B528C4A, 779EED5, F49E968. (wxc)
ORDER granting 24 Application for Admission Pro Hac Vice of Michael K. Yarnoff. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 6/9/2016) (trt)
ORDER granting 22 Application for Admission Pro Hac Vice of Andrew B. Mohraz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 6/9/2016) (trt)
AMENDED COMPLAINT WITH JURY DEMAND against All Parties filed by 1C63400. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Rosca, Alan)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael Yarnoff (Filing fee $25; Receipt number 0539-7634756) filed by 1C63400 (Attachments: # 1 Exhibit(s)) (Rosca, Alan)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew B. Mohraz (Filing fee $25; Receipt number 0539-7606255) filed by B528C4A Attorney Andrew G Spaniol added to party B528C4A(pty:dft) (Spaniol, Andrew)
ORDER: It is hereby ORDERED that Plaintiff will file an amended complaint no later than June 8, 2016. (Ordered by Judge Reed C O'Connor on 5/12/2016) (trt)
Amended MOTION to Extend Time for Defendants' Response filed by 6610C6A, Centurion American Development Group, 35AB811, C9E76EF, 1C63400, 47D407E, 6CCC23E, 9E98E55, C224B76, CCA01FF, 0F3C378, 329A719, AB75877, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, Whitley Penn LLP, B528C4A, 779EED5, F49E968 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Reed, Michelle)
NOTICE of Attorney Appearance by Barrett R Howell on behalf of 35AB811, 9E98E55, C224B76, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV. (Filer confirms contact info in ECF is current.) (Howell, Barrett)
Joint MOTION to Extend Time of Time for Defendants' Response filed by 6610C6A, Centurion American Development Group, 35AB811, C9E76EF, 1C63400, 47D407E, 9E98E55, C224B76, CCA01FF, 0F3C378, 329A719, AB75877, UMT Holdings, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., United Development Funding IV, Whitley Penn LLP, B528C4A, 779EED5, F49E968 (Attachments: # 1 Proposed Order) (Reed, Michelle)
ORDER granting 5 Application for Admission Pro Hac Vice of Alan L. Rosca. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 3/24/2016) (ewd)
ORDER granting 6 Application for Admission Pro Hac Vice of Colin R. Ray. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 3/24/2016) (ewd) (Main Document 7 replaced on 3/24/2016) (ewd).
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7456349) filed by 1C63400 (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit(s) Ray Certificate of Good Standing) (Ray, Colin)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7456223) filed by 1C63400 (Attachments: # 1 Proposed Order Rosca Proposed Order, # 2 Exhibit(s) Rosca Certificate of Good Standing) (Rosca, Alan)
New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc)
COMPLAINT WITH JURY DEMAND against All Defendants filed by 1C63400. (Filing fee $400; Receipt number 0539-7431049) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Lewins, Richard)
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